P.Tiburcius v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Tiburcius : Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

3.Sahaya Asin 4.Vinu Pinto : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner based on the petitioner's representation dated 16.08.2024.

For Petitioner : Mr.S.A.Ajmalkhan, For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 & R2.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner based on the petitioner's representation dated 16.08.2024. 2.The learned counsel for the petitioner would submit that there existed civil dispute between the petitioner and the father of the private respondents; that on the basis of the complaint given by the petitioner, FIR came to be registered against one Emerson father of the private respondents and that the suit filed by the petitioner came to be dismissed and he has preferred an appeal and the same is pending and that when the petitioner was attempting to renew the building, the private respondents have been interfering with the same.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that so far, they have not received any representation from the petitioner.

4. But the petitioner's counsel would submit that they have already enclosed the copy of the Acknowledgement card. 2/4

5. Considering the above, the petitioner is directed to give fresh representation to the second respondent and on receipt of the same, the second respondent is directed to issue notice to the petitioner as well as the private respondents and conduct enquiry and pass orders within a period of two weeks from the date of receipt of the representation from the petitioner.

6.With the above direction, this Criminal Original Petition stands allowed.

12.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das Order made in Dated: 12.09.2024 4/4